Punjab and Haryana High Court upholds decision to dismiss Agniveer for scar on leg

The Punjab and Haryana High Court recently upheld the Central government’s decision to discharge an Agniveer from service within three months of training after a large scar was found on the anterior of his left leg [Gourav vs Union of India and Others]..The division bench of Justice Sudhir Singh and Justice Karamjit Singh also rejected the Agniveer’s claim for monetary compensation since he suffered the injury prior to his enrolment under the Agnipath scheme.“We are of the considered view that as the scar on the left leg of the petitioner was existing prior to his enrollment as Agniveer, it was rightly found by the Invalidment Medical Board that the disability suffered by him was neither attributable to nor aggravated by the military service and accordingly, his discharge cannot be found fault with in view of the clinical assessment report given by the Classified Specialist (Surgery) and Reconstructive Surgeon,” the Court held..The petitioner, Gourav, had applied for recruitment under the Agnipath scheme in 2022. After clearing all formalities, he was directed to report for training in February 2022. However, soon thereafter, he was subjected to medical examination where the scar was noticed.The Surgical Specialist at Command Hospital, Kolkata opined that the scar was hypertrophic in nature and may break down during hard training and in hot and humid climate. On the basis of the medical opinion, the petitioner was invalidated from service in May 2023 after being put through the Invalidment Medical Board. The decision was unsuccessfully challenged before the Armed Forces Tribunal in Chandigarh, leading to the present challenge before the High Court. .The Court said the petitioner was put through a proper procedure to determine his disability. It also found that he had himself revealed that he had suffered the injury when he had hit a wall five years back. On the argument that he had been declared fit by the Recruitment Medical Officer, the Court said the Primary Medical Examination Report pertaining to recruitment time was not final.“The learned AFT has examined in detail the provisions of Regulation 135 of the Regulations and paragraphs 6 and 7 of the Policy dated 03.04.2017 and has rightly come to the conclusion that medical examination to determine fitness is not required to be conducted after joining the training centre, but such medical examination per-se is not barred. Still further, it was held that on having reported to the training centre, the recruit is to be inspected by a Medical Officer and that the Regimental Medical Officer could not be expected to inspect the applicant with closed eyes,” it added..Thus, the Court upheld the petitioner’s discharge from service. On whether the petitioner was entitled to any compensation, the Court said,“Since the disability suffered by the petitioner is neither attributable to nor aggravated by the military service as the scar which led to the disability, was existing prior to the enrollment of the petitioner as Agniveer, it cannot be said the petitioner is entitled to any monetary compensation under the Agnipath Scheme.”Hence, the Court dismissed the plea..Advocates Gurpreet Singh and Jaskaran Singh represented the petitioner.Senior Panel Counsel Rohit Verma represented the Union of India.[Read Judgment]